Swimming pool accidents can result in serious injuries or even death. From slip-and-fall injuries to drownings, these incidents can have devastating consequences for victims and their families. When the unthinkable happens, you need a Jacksonville swimming pool accident lawyer to explain your legal options and guide you through the legal process.
If your child or another loved one has been injured or killed in a pool accident due to another party’s negligence, a qualified attorney from Fasig | Brooks could help you seek justice and financial compensation. Contact a personal injury lawyer in Jacksonville now for a free consultation.
When Can You Seek Compensation After a Jacksonville Swimming Pool Accident?
Many different issues can lead to swimming pool accidents. At Fasig | Brooks, we represent Florida residents and visitors in premises liability cases involving all causes of swimming pool injuries and fatalities.
Examples of cases we handle include those involving:
- Drowning and near-drowning accidents
- Electrocutions
- Dangerous filters and drains
- Improper water levels
- Inadequate repairs or maintenance
- Inadequate or missing signage
- Negligent lifeguarding or childcare
- Missing emergency floatation devices
- Missing emergency information
- Unsafe water due to over-chlorination or bacteria overgrowth
- Slips and trips on unsafe pool surrounds and decking
- Broken glass and other dangerous debris in or around the pool
These above issues, and others, can cause dangerous situations that, in most cases, can be avoided by the property owner. If the owner is not deemed negligent, then the manufacturer or supplier of the product that caused the accident (like a dangerous drain or slippery tile) could be liable in a product liability case.
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Children and Drowning Accidents
According to the Centers for Disease Control (CDC), drowning is the foremost cause of death for children aged one to four and ranks as the fifth leading cause of accidental fatalities across all age groups. Among the most vulnerable are young children, with swimming pools posing a particularly high risk.
Data underscores this concern, revealing that for each child under 15 who succumbs to drowning, ten children require urgent medical intervention following near-drowning incidents.
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Who’s Liable for a Florida Swimming Pool Accident?
Whether due to drowning or another cause, when someone is injured or killed in a water-related accident, it is critical to determine who the responsible party is so that they can be held liable.
Injuries and deaths stemming from swimming pool incidents usually result in a premises liability claim being filed against the property owner. Particularly when children are involved in drowning and near-drowning episodes, not having fences up to keep them off the pool deck or adequate adults present can warrant legal action.
Fencing Requirements
Florida’s Residential Safety Act stipulates a critical safety provision for residential swimming pools. This regulation mandates the installation of a barrier surrounding the pool, reaching a minimum height of 4 feet. The barrier must effectively isolate the pool from the house and yard.
Further, it must feature a self-closing and self-latching gate that swings outward, equipped with a latch positioned out of children’s reach. While not explicitly mandated by statute, installing an alarm is highly recommended as an additional safety measure.
Liability Is Different Depending on Whether the Pool is Private or Public
Understanding the intricate legal aspects surrounding swimming pool accidents hinges on distinguishing between public pool incidents and private residential ones, as safety requirements differ.
Every case presents unique nuances, necessitating an experienced attorney’s insights to pinpoint a pool operator’s precise obligations in each circumstance.
The contrasting legal standards between public and private pool incidents is another reason why it’s important to consult with a knowledgeable Jacksonville swimming pool accident attorney who can navigate these complexities effectively.
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Addressing Drowning-Related Disabilities and Costs
The aftermath of a near-drowning incident often leads to severe consequences. Brain injuries lead to disabilities due to the brain’s exposure to hypoxemia or oxygen deprivation. Other potential disabilities encompass lung damage and even spinal cord injury, depending on whether spinal compression occurred when the individual entered the pool.
Beyond the emotional turmoil of witnessing a child undergo a drowning incident or come close, substantial financial burdens are linked to drowning-related disabilities. These expenses include various aspects of medical care after an accident. When brain damage occurs due to oxygen deprivation, the costs can escalate to millions due to the need for lifetime care.
An experienced attorney will consult with experts to calculate these damages and ensure your compensation covers all of your medical expenses and accident-related losses.
Florida Statute of Limitations for Personal Injury Claims
Your attorney can fight for you in court if a settlement agreement cannot be reached. Florida’s Statute of limitations for personal injury lawsuits, including those stemming from pool accidents, is generally two years from the incident date. Barring unique circumstances, failing to file before the deadline means losing your right to pursue compensation.
Two years may seem like a long time, but you should talk to an attorney as soon as possible after a swimming pool accident since the circumstances of your case could alter the deadline.
Also, the sooner you contact our law firm, the sooner our team can gather evidence and build a strong case for financial compensation.
Contact a Swimming Pool Accident Law Firm in Jacksonville, FL
If you, your child, or another loved one has been injured due to someone else’s negligence, you deserve justice. However, these cases can be complex, and the other party’s insurance company is not on your side.
At Fasig | Brooks, we represent injured clients and their families involved in pool accidents and work tirelessly to obtain a favorable resolution. One of our swimming pool accident lawyers in Jacksonville can review your case and stand by you throughout the insurance claim or litigation process.
Contact us today for a free, no-obligation consultation.
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